HB4475 - Relating to the acceptance of a voter executing a declaration of reasonable impediment; providing a limitation.

  89R9428 JDK-D     By: Isaac H.B. No. 4475       A BILL TO BE ENTITLED   AN ACT   relating to the acceptance of a voter executing a declaration of   reasonable impediment; providing a limitation.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 15, Election Code, is   amended by adding Section 15.029 to read as follows:           Sec.   15.029.     NOTATION ON LIST OF REGISTERED VOTERS. (a)     The registrar shall enter a notation on the list of registered   voters beside each voter's name to record when a voter has executed   a declaration described by Section 63.001(i).           (b)     The registrar shall replace a notation described by   Subsection (a) with a notation to record when a voter has executed a   second declaration described by Section 63.001(i).           (c)     The notations described by this section must be approved   by the secretary of state.          SECTION 2.  Section 63.001, Election Code, is amended by   amending Subsections (b), (g), and (i) and adding Subsections (j),   (k), and (l) to read as follows:          (b)  Except as provided by Subsection (h), on offering to   vote, a voter must present to an election officer at the polling   place:                (1)  one form of photo identification listed in Section   63.0101(a); or                (2)   if the voter has executed a declaration described   by Subsection (i) less than twice,  one form of identification   listed in Section 63.0101(b) accompanied by the declaration   described by Subsection (i).          (g)  If the requirements for identification prescribed by   Subsection (b) are not met, the voter may be accepted for   provisional voting only under Section 63.011.  For a voter who is   not accepted for voting under this section, an election officer   shall:                (1)  inform the voter of the voter's right to cast a   provisional ballot under Section 63.011; [ and ]                (2)  provide the voter with written information, in a   form prescribed by the secretary of state, that:                      (A)  lists the requirements for identification;                      (B)  states the procedure for presenting   identification under Section 65.0541;                      (C)  includes a map showing the location where   identification must be presented; and                      (D)  includes notice that if all procedures are   followed and the voter is found to be eligible to vote and is voting   in the correct precinct, the voter's provisional ballot will be   accepted ; and                 (3)     offer the voter an opportunity to provide an   address for the purposes of Subsection (l) .          (i)  If the requirement for identification prescribed by   Subsection (b)(1) is not met, an election officer shall notify the   voter that the voter may be accepted for voting if the voter meets   the requirement for identification prescribed by Subsection (b)(2)   and executes a declaration declaring the voter has a reasonable   impediment to meeting the requirement for identification   prescribed by Subsection (b)(1).  A person is subject to   prosecution for perjury under Chapter 37, Penal Code, or Section   63.0013 for a false statement or false information on the   declaration.  The secretary of state shall prescribe the form of the   declaration.  The form shall include:                (1)  a notice that a person is subject to prosecution   for perjury under Chapter 37, Penal Code, or Section 63.0013 for a   false statement or false information on the declaration;                (2)  a statement that the voter swears or affirms that   the information contained in the declaration is true, that the   person described in the declaration is the same person appearing at   the polling place to sign the declaration, and that the voter faces   a reasonable impediment to procuring the identification prescribed   by Subsection (b)(1);                (3)  a place for the voter to indicate one of the   following impediments:                      (A)  lack of transportation;                      (B)  lack of birth certificate or other documents   needed to obtain the identification prescribed by Subsection   (b)(1);                      (C)  work schedule;                      (D)  lost or stolen identification;                      (E)  disability or illness;                      (F)  family responsibilities; and                      (G)  the identification prescribed by Subsection   (b)(1) has been applied for but not received;                (4)  a place for the voter to sign and date the   declaration;                (5)  a place for the election judge to sign and date the   declaration;                (6)  a place to note the polling place at which the   declaration is signed; [ and ]                (7)  a place for the election judge to note which form   of identification prescribed by Subsection (b)(2) the voter   presented ;                 (8)  a place for the voter's mailing address; and                 (9)     a place for the voter's voter identification   number .           (j)     Each declaration described by Subsection (i) made by a   voter must be indicated beside the voter's name on the poll list and   recorded in the voter's registration record.           (k)     A voter may only execute a declaration described by   Subsection (i) twice.           (l)     For a voter who executes a declaration described by   Subsection (i) or who is accepted for provisional voting under   Section 63.011 solely because the voter did not meet the   requirements for identification prescribed by Section 63.001(b),   the county where the voter is registered shall mail the voter   written information, in a manner prescribed by the secretary of   state, that:                 (1)     lists the acceptable forms of photo identification   under Section 63.0101(a); and                 (2)     provides a detailed and individualized   explanation on how to obtain an acceptable form of photo   identification under Section 63.0101(a).          SECTION 3.  Section 65.0541(a), Election Code, is amended to   read as follows:          (a)  A voter who is accepted for provisional voting under   Section 63.011 because the voter does not meet the identification   requirements of Section 63.001(b) may, not later than the sixth day   after the date of the election:                (1)  present a form of identification described by   Section 63.0101(a) or, if the voter has executed a declaration   described by Section 63.001(i) less than twice, identification   described by 63.0101(b) accompanied with a declaration described by   Section 63.001(i) [ 63.0101 ] to the voter registrar for examination;   or                (2)  execute an affidavit described by Section   65.054(b)(2)(B) or (C) in the presence of the voter registrar.          SECTION 4.  This Act takes effect September 1, 2025.